USA > North Dakota > Early history of North Dakota: essential outlines of American history > Part 50
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Delegate Miller moved to lay the motion on the table.
Delegate Williams demanded the previous question on this mtoion, which was seconded, and the convention proceeded to vote on the main question, which was the adoption of the article. The vote was taken by yeas and nays, and adopted by a vote of 43 yeas to 28 nays. The old combine, standing in solid phalanx, voted yea.
Delegates Peterson and Selby were absent and not voting, and Delegates Almen and Scott were paired.
Delegates Bean, Camp, Johnson, Lauder, O'Brien, Pollock, Stevens, Turner and Wallace explained their votes. Stevens in explaining his vote said: "I voted aye on this proposition so that the City of Bismarck may sit on her seven hills and be the most beautiful capital of the four new states."
In his explanation of his vote Delegate Bean said that he came to the con- vention opposed to the location of the capital and institutions by the convention. First two votes on that question showed that fact. His third vote was in the affirmative, that he might move a reconsideration. An indignation meeting of
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his constituents was instigated he said by one of the members of this convention and condemned the action of the majority. He had seen more political trickery, jobbery and attempted combinations of the minority than he ever saw in any political convention he ever attended. The serious question is not where we shall locate these institutions, the underlying question is, shall the City of Bis- marck, or Grand Forks, have the capitol? This last statement aroused the ire of Delegate Bennett of Grand Forks, who, although debate was out of order, in- dignantly characterized it as false, that Grand Forks had never proposed to enter a combination to locate the capital, but when it saw this combination of forty-four bound to locate the capital at Bismarck, it felt justified in trying to break it if possible. That was the course of the people from Grand Forks. An obstreperous partisan of the committee called out from the gallery "rats," and thus gave Purcell an opportunity to rebuke the partisan uttering the opprobrious epithet, and to say that the caucus of the minority was not called or organized by the minority, but at the call of outsiders who pretended to be able to bring to the assistance of the minority some of those who have voted with the majority. In all of their meetings there had been no attempt at chicanery, or underhand action, to defeat the will of the minority. Camp explaining his vote in part said : "I was called home a week ago to attend an indignation meeting, at which the delegates from Stutsman County were to be burned in effigy, or otherwise hon- ored ; however, we were not burned in effigy, or otherwise dishonored."
The people of Jamestown thought there was still a possibility that that city could be named for the temporary "seat of government," at least, and they were encouraged in this belief by a member of the Grand Forks delegation, who was present at this indignation meeting, and who stated to the meeting that he could secure from the majority who were supporting Bismarck enough votes, which, with the Stutsman County delegation, would be able to locate the capital at Jamestown. With this end in view, the Stutsman County delegation entered the caucus, which has been referred to by the delegates. There were a number of sessions of this caucus, but when it became a certainty that the larger number of the minority would not agree to any proposition to locate the capital, either temporarily or permanently at any place without a vote of the people, the Stuts- man County delegation withdrew and believing that the interests of Stutsman County and the entire state will be best subserved by locating the capital and public institutions as provided in article nineteen, the Stutsman County delegation decided to vote therefor.
CONVENTION IN SESSION FORTY-FIVE DAYS-EXPENDITURES
The appropriation of $20,000 by Congress was insufficient to cover the neces- sary expenditures for printing and clerk's help for the convention and its com- mittees. The convention had authorized in its last days the publishing and dis- tribution of 1,000 bound volumes of the "debates" and the publishing of the con- stitution in the daily and weekly newspapers of the state, and the payment of the sum of $10 to each paper so publishing and circulating the document and pro- vided in the schedule that the first State Legislature should appropriate a sufficient sum to pay the same. The convention was in session for forty-five days, and the appropriation of $20,000 by Congress to pay the per diem of members, officers
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of the convention, clerks of its committees, printing of its files and journals, was only sufficient to cover the expenses of the convention for thirty-one days. The convention authorized the issue of certificates of indebtedness signed by the presi- dent and chief clerk, to members and officers for fourteen days' services, and to clerks of the standing committees, including the clerks, stenographers and expert accountants of the joint commission, for any services rendered. All such cer- tificates to be redeemed by the state. By chapter 14 of the Session Laws of 1890 the state auditor was authorized to issue "funding warrants" bearing 5 per cent interest and payable at the option of the state treasurer to provide funds for the payment of the expenses incurred by the Constitutional Convention in excess of the sum appropriated by Congress.
Funding warrants in the sum of $11,637.20 were issued on March 3, 1890, and sold by the state treasurer at a premium of $9.50, netting the state $11,646.70. During the period between February 24 to August 15, 1890, bills in the sum of $10,898.46, incurred on account of the Constitutional Convention were paid by the state treasurer. The Congress made a supplemental appropriation to cover the deficiency account of the Constitutional Convention and on March 26, 1891, the state treasurer received from the Federal Government $10,854.71, which sum was $43.75 less than the deficiency account of the Constitutional Convention. There is nothing in the state records which explains this discrepancy. It is prob- able that it was caused by the disallowance by the accounting officer of the Fed- eral Government of some item or items which, although certified by the state as an expense incurred by the state, were considered by these accounting officers as not properly chargeable to the Constitutional Convention. It may, however, have been caused by an oversight of the state in the omission of some item or items of the expenses properly incurred by the Constitutional Convention, and paid by the state in the certified account of the Constitutional Convention expense sent to the Federal secretary of treasury. The state funding warrants were redeemed and paid by the state treasurer on the same day the remittance was received from the Federal Government. The state paid as interest due thereon the sum of $644.31, a total cost to the state for the Constitutional Convention of $688.06.
THE JOINT COMMISSION OF NORTH AND SOUTH DAKOTA
The Enabling Act prescribed that the Constitutional Conventions of both North and South Dakota should select a joint commission to be composed of not less than three members of each convention, "whose duty it shall be to assemble at Bismarck, the present seat of government of said territory, and agree upon an equitable division of all property belonging to the Territory of Dakota, disposition of all public records, and also adjust and agree upon the amount of the debts and liabilities of the territory which shall be assumed and paid by each of the proposed states of North Dakota and South Dakota, and the agreement reached respecting the territorial debts and liabilities shall be incorporated in the respective constitu- tions, and each of said states shall obligate itself to pay its proportion of such territorial debts and liabilities, the same as if they had been created by such states respectively."
The convention empowered its president to appoint a commission of seven
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members to act with a similar commission from South Dakota, to prepare and submit an agreement to comply with this provision of the Enabling Act. The president appointed as such commission four lawyers and three business men, viz .: Edgar W. Camp, of Jamestown, chairman; William E. Purcell, of Wahpe- ton; Burleigh F. Spalding, of Fargo; Harvey Harris, of Bismarck; Alexander Griggs, of Grand Forks; John W. Scott, of Valley City, and Andrew Sandager, of Lisbon. The commission was granted leave to sit during the sessions of the Constitutional Convention, and also to employ such clerks, expert accountants and stenographers as it deemed necessary.
South Dakota appointed a commission of seven members. Judge A. G. Kellam was its chairman. The other members were Vallentine T. McGillicuddy, Henry Neill, E. W. Caldwell, William Elliott, Chas. H. Price and S. F. Brott. These commissions met on the afternoon of July 16th, in the office of the governor of the territory, and organized a joint commission by the selection of A. G. Kellam of South Dakota as temporary president, and Andrew Sandager and Vallentine T. McGillicuddy, secretaries. W. G. Hayden of North Dakota and L. M. McLaren of South Dakota were selected as assistant secretaries.
To equalize honors, the commissions provided that the chairmanship of the joint commission should be held by the chairman of the North Dakota Commis- sion, Camp, and the chairman of the South Dakota Commission, Kellam, alter- nating day by day, and adopted as a rule of procedure in the disposition of all matters before the joint commission, that the roll of the commissioners be called and if a majority of the members composing the North Dakota Commission, and a majority composing the South Dakota Commission, should record themselves in the affirmative, the proposition thus voted upon should be declared carried, other- wise not. The commission held daily sessions from July 7th to 31st, inclusive, five days it had two sessions daily, and on July 31st, three sessions were necessary to complete its work.
Divers views as to the power of the commission under the provisions of the Enabling Act were held by the members of the North and South Dakota Commis- sions as to the proper construction of sections three and six thereof.
Further, it was the duty of the commission to determine not only the propor- tion of the territorial debt to be assumed by the respecive states upon admission, but also its duty to provide for the division of the public records, or whether the Enabling Act required such division to be made by the respective states when admitted to the Union.
The Enabling Act had prescribed as to the territorial bonds issued to erect buildings for institutions, that such bonds should be assumed and paid by the state where the institutions were located, and the Territorial Legislature had pro- vided in the laws establishing these institutions and authorizing the issuance of bonds therefor, that in the event of the division of the territory happening, the payment of the interest and principal of such bond should be assumed by the territory or state, as the case might be, where the institutions were located. South Dakota had ten institutions within its confines, North Dakota had four. All appropriations for betterments and purposes other than maintenance had been made by the territory from its general fund, viz. : $91,170.13 for institutions located in South Dakota, $69,084.78 for institutions located in North Dakota, and an excess of appropriations to South Dakota of $22,085.35.
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The joint commission finally determined after full discussion that it was within its powers to provide for the disposition of all the public records, as well as the assets and miscellaneous properties belonging to the territory. It appointed a committee of two, one from each commission, to examine and report what books and records it would be necessary to transcribe, and the probable expense of such transcription; to determine as to who shall have the copies of the public records, and who the originals; also a committee of two to examine and report upon the condition of the public library and public documents contained therein, and report an estimate of its value; the committee to ascertain and report the amount of military property belonging to the territory and its whereabouts; a committee to ascertain and report on the condition and value of any miscellaneous property ; a committee to collect and classify information relative to the claims against the territory and of accounts due the territory, and a committee to ascer- tain the amount appropriated by the Federal Government to the Brookings Agri- cultural College and Experiment Station, and what portion thereof has been used for permanent improvements.
On July 24th, these committees reported either verbally or in writing.
The committee on the library recommended that sealed bids be submitted by North Dakota and South Dakota. South Dakota bid $4,000; North Dakota, $750. It developed in the debate on the library that a majority of reports and text books belonging to the library were in the offices of lawyers living in Yankton and other places in South Dakota, and South Dakota evidently expected to recover most of them, otherwise it could not have valued the fragments of the library at Bismarck at $4,000. It really was of less value than the sum named by North Dakota.
The committee on books, records and archives recommended that they be divided into two groups. The choice of groups to be determined by lot. North Dakota won the first choice, and selected the group made up of the books and records of the governor's and secretary's offices. The group made up of the books and records of all other territorial officers went to South Dakota. The expense of copies of any of these records, it was agreed, should be borne equally by both states.
Upon the submission of the reports of these several committees it was agreed that the commission of North Dakota, and the commission of South Dakota, each should submit a proposition in writing for a settlement of all matters except the public records, and such propositions were submitted on July 25th.
The two propositions, so far as public institutions were concerned, were sub- stantially similar. As to assets and liabilities, the South Dakota plan was to divide them between the two states according to the counties concerned. Claims of the territory against counties on account of delinquent taxes should go to, and belong to the state within which such counties might be situated and credits for taxes over- paid should likewise belong to such state, balance of cash on hand upon the ter- mination of the territorial government should be assumed and paid by North and South Dakota share and share alike.
The North Dakota proposition was that all personal property and miscel- laneous effects now in South Dakota, excepting military outfits and accoutrements, should be the property of South Dakota, all of the same in North Dakota, except- ing military outfits and accoutrements and excepting the furniture and fixtures of the capitol at Bismarck, should be the property of North Dakota, South Dakota
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to pay to North Dakota in full settlement of all outstanding accounts, and of all claims against the territory arising out of the unlawful taxation of the Northern Pacific Railway lands, which claims should be assumed by the State of North Dakota, the sum of $60,000. Should South Dakota desire the State of North Dakota to assume the ownership and control of the capitol at Bismarck, with its furniture and fixtures, including all claims arising out of the expense of the grant of lands made to the territory for capitol purposes, and further to assume its bonded indebtedness, North Dakota will do so upon payment to North Dakota of the sum of $40,000, all other indebtedness and unliquidated debts to be borne equally and all claims in favor of the territory shall accrue to the respective states in like proportion. North Dakota shall be entitled to all delinquent taxes due the territory from counties located in North Dakota, and the same as to South Dakota. From and after March IIth, South Dakota shall be credited with all taxes collected from counties within its boundaries, and charged with all moneys paid out by the territory for appropriations made to public institutions situated therein, and one-half of all other expenditures, and the same as to North Dakota. The North Dakota proposition was discussed and explained at length, and that fixing March 11, 1889, from which each state should be credited with taxes col- lected and charged with money paid out. Upon the conclusion of the debate the joint commission appointed Chairman Camp of North Dakota and Chairman Kellam of South Dakota as a committee to confer as to the differences between the two commissions, and to reach an agreement thereon, if possible, and report the same to the joint commission for consideration. This committee reported an agreement of twenty-four sections, covering bonds, indebtedness, liabilities and disposition of all property, and a separate agreement in relation to the books, records and archives. Both were considered article by article, and the joint com- mission unanimously agreed to the same, and it was signed by all members and the joint commission thereupon appointed Mr. Purcell of North Dakota and Mr. Caldwell of South Dakota to draft the article to be submitted to the respective conventions for insertion in the constitutions of the states. This committee reported the article to be submitted to the conventions on the 31st day of July. It was unanimously approved. The convention, having completed its labor, adjourned subject to the call of the chairman. No call was ever made, as the agreement made and the article to be embodied in the two constitutions was satisfactory to both states, and was adopted and incorporated in the constitutions and schedules of the respective states.
When the agreement and proposed article was reported to the North Dakota Convention by Chairman Camp, it was considered by the committee of the whole on August 8th, which committee recommended the adoption of the article recom- mended by the joint commission, and also that the state should appropriate $25,000 to reimburse counties containing lands which formed a part of the grant to the Northern Pacific for taxes illegally assessed upon the same, and refund to pur- chasers of such lands at tax sale and also recommending "That the shorthand notes of the proceedings of the joint commission be transcribed and printed with the debates of the convention, inasmuch as, so far as the commission is informed, said joint commission is the first body of the kind ever convened."
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THE CONSTITUTION. HOW IT WAS MADE
The convention in framing the constitution had the benefit of suggestions and the advice of a number of distinguished men who, upon its invitation, addressed it. Among these were Arthur C. Mellette, then governor of the territory, who called attention to the two policies which had heretofore prevailed in framing constitu- tions. The early policy that a constitution should embody fundamental principles only, the later policy that it should embody all legislation that was rightful and which could safely be placed there, and avoid the evils of excessive legislation, and the confusion necessarily arising from new laws enacted every two years by the Legislature.
Judge Cooley of Michigan, an eminent jurist, and a recognized author of con- stitutional law, advised the delegates to remember that times change, that many new questions were vital today which were unknown to the constitution makers of a hundred years ago. Therefore the Legislature should not be prevented from meeting those evils, which are sure to come. In your constitution you are tying the hands of the people, therefore, do not legislate too much. The convention heeded this advice and our constitution is comparatively free from legislation, much more so, for illustration, than the constitutions of South Dakota or Okla- homa.
Rev. R. C. Wiley, of the National Reform Association, who "urged legislation for Sabbath observance, for regulation, management and advice, for instruction in the principles of virtue, for teaching Christianity and morality in the schools, and the recognition of God and Christianity in the constitution."
God is recognized in the preamble to our Constitution.
Henry B. Blackwell, of Boston, advocated suffrage for women, or at least the placing of a clause in the constitution empowering the Legislature to extend the suffrage to women in the future. The constitution empowers the Legislature to extend the suffrage to women, or restrict the same, upon a vote of the people.
C. J. Buell, of Minneapolis, advocated the "Single Tax," but the delegates would have none of it.
Senators Stewart and Reagan, two members of the United States Senate com- mittee on irrigation, and Major Powell, director of the Geological Survey, ' addressed the convention on August 5th.
Senators Stewart and Director Powell spoke on irrigation interests briefly and its possibilities in the Northwest and advised "Hold the waters in the hands of the people." Replying to this the delegates inserted in the constitution "All flowing streams and water courses shall forever remain the property of the state."
Senator Stewart did not restrict himself to discussing the benefits of irriga- tion, but expressing himself as opposed to irrigation debts and mortgages, because they took the independence and manhood out of the people. He elaborately dis- cussed the demonetization of silver by the United States in 1873, by England, Austria, and Holland in 1871, and the demonetization of gold by France in 1869, and by Germany, Austria and other (minor) European states in other years. He was in favor of the use of both gold and silver as money and plenty of it, and believed that the Congress was, and trusted that the people of North Dakota would send no representative to Congress that would represent New York City, London or Berlin.
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Senator Reagan paid scant attention to the subject of irrigation, but discoursed at length on silver. He stated that the convention in its constitution has to shape the policy of the state, and its action, and the action of the people which imme- diately follows it will determine in a great measure its capacity for forming a government which will protect the people. "Do not send men to Congress to rep- resent the bond holders and the money men to further oppose the people, and go further to change the character of this government, or rob the people of their sovereignty and make them slaves of the money power. Send the right men and we will make the coinage of silver free and unlimited like gold." This advice and admonition failed to impress the delegates or the people and North Dakota has, with the exception of Senator Roach, always sent representatives and senators to Congress who were opposed to the unlimited coinage of silver and in favor of the gold standard.
Upon the conclusion of these addresses, M. N. Johnson rose to reply, and referred to Senator Reagon as a man deep rooted in the principles of democracy and selected by Jefferson Davis, president of the southern confederacy as a mem- ber of his cabinet, he having served as postmaster-general therein, and wondered if Senator Reagan was studying irrigation in the days when those delegates wear- ing "Grand Army badges" were irrigating the trenches before Vicksburg, the battlefield of Gettysburg, and the soil of Andersonville with the blood of them- selves and their comrades : he was interrupted by Delegate Purcell, with the ques- tion, "Does the gentleman mean to cast any reflection on the senator from Texas by his remarks ?" Mr. Johnson answered, "No, sir."
Delegate Mathews of Grand Forks, who served as a soldier in the War of the Rebellion, and then wore the "Grand Army badge," moved to adjourn. The motion was out of order under the working rules of the convention, but was entertained and being promptly put by the president, was adopted without dissent, and thus the most regrettable incident in the constitutional history was closed.
In the preparation of the constitution, the delegates had access to "charters and constitutions of all the states" published by Congress. Copies of the con- stitution of South Dakota, the Enabling Act, and a territorial bill providing for the Australian system of voting were on the desks of delegates as well as abstracts of "Hough's American Constitution," covering twenty topics which Delegate Williams had prepared and placed on the members' desks. The delegates dili- gently searched these constitutions and with the experience of a century to draw from the constitution makers culled that which was best and shunned errors from which older states had suffered. There are few original provisions in the consti- tution adopted. It is a compilation of the best provisions of existing constitutions modified to conform to the conditions in the state. From the Omnibus Bill was mainly culled the compact between the state and the United States. From Illinois the provision for county courts. From Minnesota, the provision relating to the sale of public school lands, and the investment of moneys derived from the sale. From Pennsylvania the provision relating to Board of Pardons. From New Hampshire, provisions as to amendments to the constitution. From the Williams constitution came the preamble, and many of the legislative provisions. From California some material for the taxing of railroads; the inscription of the great seal, "Liberty and union now and forever, one and inseparable," from a speech of Daniel Webster in the Senate of the United States. From the United States
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